Enforcing Child Support Orders in Florida: What to Do When Payments Stop
Child support is a critical component of ensuring that children receive the financial support they need after their parents separate or divorce. In Florida, when a parent fails to make court-ordered child support payments, the consequences can be significant for the child’s well-being. Fortunately, the state provides several legal avenues for enforcing child support orders and ensuring that payments are made.
Child support payments are intended to cover the costs associated with raising a child, including housing, food, clothing, education, and healthcare. These payments are not just a financial obligation but a legal duty. When a parent fails to make the required payments, it can create financial strain on the custodial parent and negatively impact the child’s quality of life.
Legal Options for Enforcing Child Support Orders
When child support payments stop, the custodial parent has several legal options to enforce the order and recover the unpaid amounts. Florida law provides a variety of tools to ensure that child support obligations are met.
- Contact the Florida Department of Revenue (DOR):
The Florida Department of Revenue (DOR) is the state agency responsible for enforcing child support orders. If you are not receiving child support payments, contacting the DOR is often the first step. The DOR can assist in locating the non-paying parent, calculating the amount of unpaid support, and initiating enforcement actions.
- Wage Garnishment:
Wage garnishment is one of the most effective methods for enforcing child support orders in Florida. When a parent fails to make payments, the court can order their employer to deduct the child support amount directly from their wages and send it to the DOR for distribution to the custodial parent. Wage garnishment is typically automatic once the DOR becomes involved, ensuring that payments are consistent and timely.
- Income Withholding Orders:
Similar to wage garnishment, an income withholding order can be issued by the court, requiring the non-paying parent’s employer to withhold a portion of their income for child support. This method can also apply to other sources of income, such as pensions, bonuses, or commissions.
- Tax Refund Interception:
If the non-paying parent is entitled to a federal or state tax refund, the DOR can intercept the refund and apply it toward the unpaid child support. This enforcement tool is particularly effective for recovering large arrears, as tax refunds can provide a substantial lump sum payment.
- Suspension of Licenses:
Florida law allows for the suspension of various licenses if a parent fails to pay child support. This includes driver’s licenses, professional licenses, recreational licenses (such as hunting or fishing), and even vehicle registrations. The suspension remains in effect until the parent complies with the child support order or makes arrangements to pay the arrears.
- Contempt of Court:
If a parent willfully fails to pay child support, the custodial parent can file a motion for contempt with the court. If the court finds the non-paying parent in contempt, they may face penalties, including fines, jail time, or both. Contempt proceedings are a powerful tool to compel compliance with court orders, though they are typically used as a last resort.
- Property Liens:
The court can place a lien on the non-paying parent’s property, including real estate, vehicles, or other valuable assets. A property lien prevents the parent from selling or refinancing the property until the child support arrears are paid in full. If necessary, the court can also order the sale of the property to satisfy the debt.
- Seizure of Financial Accounts:
The DOR can work with financial institutions to seize funds from the non-paying parent’s bank accounts or other financial accounts. This method is often used when other enforcement mechanisms have been unsuccessful, providing a direct way to recover unpaid child support.
- Denial of Passport Services:
For parents who owe significant child support arrears (typically more than $2,500), the federal government can deny passport applications or renewals. This measure can be particularly effective for parents who frequently travel internationally.
- Criminal Prosecution:
In extreme cases, failure to pay child support can result in criminal charges. Willfully avoiding child support obligations can lead to misdemeanor or felony charges, depending on the amount owed and the circumstances. Conviction can result in fines, jail time, and a criminal record.
Practical Steps for Custodial Parents
If you are a custodial parent struggling to receive child support payments, taking the following practical steps can help you navigate the enforcement process:
- Keep Records: Maintain detailed records of all child support payments received and any communication with the other parent regarding payments. This documentation can be crucial if you need to pursue enforcement actions.
- Contact the DOR Early: If payments stop, contact the Florida Department of Revenue as soon as possible. The sooner you involve the DOR, the more quickly enforcement actions can be initiated.
- Consider Legal Representation: While the DOR provides significant support, you may also want to consider hiring a family law attorney, especially if the case is complex or involves large arrears. An attorney can help you navigate the legal system and advocate for your rights.
- Be Persistent: Enforcing child support orders can be a lengthy and frustrating process, but persistence is key. Stay in contact with the DOR and follow up regularly on the status of your case.
Contact Law Offices of Taryn G. Sinatra, P.A.
When child support payments stop, it can create serious financial challenges for the custodial parent and the child. Fortunately, Florida law provides a range of enforcement mechanisms to ensure that child support obligations are met. By understanding your legal options and taking proactive steps, you can recover unpaid support and secure the financial stability your child needs.
If you are facing challenges with enforcing a child support order, the Law Offices of Taryn G. Sinatra, P.A. can provide the legal support you need. Our experienced team is dedicated to helping you navigate the enforcement process and ensuring that your child receives the support they deserve. Contact us today to learn how we can assist you in recovering unpaid child support.
Source:
leg.state.fl.us/Statutes./index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.30.html
